FRCP 12(b)(6)

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In Varney v. Health Carousel, LLC, Case No. 1:24-cv-624, 2025 WL 2605783 (S.D.Ohio Sept. 9, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s pregnancy/lactation-related hostile work environment constructive discharge claim asserted under Title VII of the Civil Rights Act of 1964. This decision underscores that, when evaluating hostile work environment claims, it…

Read More Pregnancy/Lactation-Related Hostile Work Environment Claims Survive Dismissal
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In Santana v. Shook Hardy & Bacon, 2025 WL 2521193 (S.D.N.Y. Sept. 2, 2025), the court granted defendants’ motion to dismiss plaintiff’s discrimination, hostile work environment, and retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Alleged Unprofessional Treatment Insufficient to State Claims for Discrimination, Hostile Work Environment and Retaliation
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In Garcia v. Westhampton Primary Care, 2:23-cv-4319 (NJC) (ST), 2025 WL 2494357 (E.D.N.Y. Aug. 30, 2025), the court, inter alia, held that plaintiff plausibly alleged claims of hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court summarized, and applied, the law…

Read More Hostile Work Environment, Retaliatory Hostile Work Environment Claims Survive Dismissal
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In Fisher v. Valley Stream Central High School District et al, 2025 WL 2467046 (E.D.N.Y. Aug. 27, 2025), the court, inter alia, held that plaintiff sufficiently stated a cause of action for retaliation under Title VII of the Civil Rights Act of 1964. Specifically, plaintiff alleged that defendants suspended her pay and benefits, in retaliation…

Read More Title VII Retaliation Claim, Based on Complaints About Alleged Excessive Workload Due to Status as Unmarried Woman With Children, Survives Dismissal
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In Nash v. City of Cincinnati et al, 2025 WL 2403821 (S.D.Ohio Aug. 19, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Defendants next move to dismiss Plaintiff’s hostile work environment claim. (Motion, Doc. 4, Pg. ID 42.) Title VII protects an employee who…

Read More Race-Based Hostile Work Environment Claim Dismissed; Alleged Events, While “Troubling,” Were Too Remote
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In Fernandez v. American Sugar Refining, Inc., 2025 WL 2294879 (E.D.La. Aug. 8, 2025), the court, inter alia, discussed and applied the “administrative exhaustion” requirement applicable to claims asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff did not administratively exhaust the sex-based discrimination claim: Defendant contends…

Read More Hostile Work Environment, But Not Sex Discrimination, Claim Survives Dismissal Based on “Administrative Exhaustion” at the EEOC
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In Shimeles v. Fairfax County School Board, Civil Action No. 1:24-cv-474 (RDA/IDD), 2025 WL 2375203 (E.D.Va. Aug. 14, 2025), the court, inter alia, held that plaintiff sufficiently alleged a racially-hostile work environment, in violation of Title VII of the Civil Rights Act of  1964. From the decision: Unwelcome conduct rises to the level of being…

Read More Race-Based Hostile Work Environment Sufficiently Alleged; Court Cites Claimed Threat of Hanging by Noose
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In King v. Koch AG & Energy Solutions, LLC, CIVIL ACTION No. 25-1017-KHV, 2025 WL 2106828 (D.Kan. July 28, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Specifically, the court considered the effect on plaintiff’s…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged Under New “Muldrow” Standard
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In McConkey v. The Churchill School and Center, 24-cv-6091 (LJL), 2025 WL 2062195 (S.D.N.Y. July 23, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of sexual orientation discrimination asserted in violation of Title VII of the Civil Rights Act of 1964. From the decision: Given Plaintiff’s minimal burden at the motion…

Read More Sexual Orientation Discrimination Claims Survive Dismissal
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In Carrasco v. Metropolitan Transit Authority, 2025 WL 1939052 (S.D.N.Y., July 15, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under the New York Labor Law. The court summarized, and applied, the law as follows: A plaintiff alleging retaliation under the NYLL must first show “(1) [plaintiff’s] participation…

Read More NY Labor Law Retaliation Claim Survives Dismissal
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